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BT Currents - Hot Topics in Employment Law
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24 Oct 2012 On The Radar: Supreme Court Set to Resolve Circuit Split as to Definition of Supervisor Under Title VII

The Supreme Court of the United States has agreed to review a Seventh Circuit decision involving the definition of a “supervisor” under Title VII.  The case, Vance v. Ball State University, could have significant employment law ramifications because “supervisors” automatically subject an employer to vicarious liability for its supervisors’ harassing conduct. Currently, the Seventh Circuit requires that employees have the authority “to hire, fire, demote, promote, transfer, or discipline an employee” to be considered a supervisor.  This bright-line, narrow definition ensures that alleged supervisors have…

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29 Jun 2012 Supreme Court’s Ruling on Healthcare Impacts Employers

In a 5-4 ruling, the U.S. Supreme Court has upheld nearly every provision of the Patient Protection and Affordable Care Act. Consequently, employers will need to prepare for full implementation of the Act this year and next in anticipation of a new health benefits world in 2014. See our B&T Healthcare Blog’s post for more information about the decision. BT CurrentsBT Currents is managed by the attorneys in Barnes & Thornburg’s Labor & Employment Law Department. It’s designed to be your resource on employment law…

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27 Jun 2012 U.S. Supreme Court Strikes Down Employment Provision in Arizona Immigration Law

The Supreme Court has ruled in Arizona v. United States, Dkt No. 11-182 that Arizona’s S.B. 1070, enacted in 2010 in reaction to increasing undocumented immigration into the State, is largely preempted by federal law. The decision, issued by Justice Kennedy, considered four provisions of the 2010 Arizona law and struck down three, including Section 5(C), which made it a state criminal misdemeanor for undocumented immigrants to apply for employment or work in the state. The Court held that the federal Immigration Reform and Control Act (IRCA)…

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18 Jun 2012 Supreme Court Issues Long-Awaited Decision in Christopher v. SmithKline Beecham Corp.

Today the U.S. Supreme Court issued a long-awaited decision in Christopher v. SmithKline Beecham Corp., holding in a 5-4 decision that pharmaceutical sales employees are exempt outside salespeople. The decision may be read here. The case is significant for several reasons.  The most obvious reason is that it represents our highest court interpreting the outside sales exemption, so any business relying on (or thinking of relying on) this exemption should review the decision with counsel to ensure ongoing compliance. The central issue in Christopher was whether the…

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